Motorcycle was hit by CRV in Markham. 2017-05-16. 14:40

[Baggsy]

Ultimately, no matter who is at fault, the control that the motorcyclist has over the situation is with the throttle and brakes.

The SUV driver remains unharmed either with either fault, and the motorcyclist suffers either way.

It seems unjust and unfair, but it is what it is, and that's all that it is.

 

[Riceburner]

And that's why we as riders need to take more care. Doesn't matter who is at fault, we suffer. I'd prefer to minimize my suffering as much as possible when riding.

 

[Alvito]

I agree inreb to a point inreb. To put it another way, I don't think 2 wrongs necessarily make a right.

However if I'm driving along at 15 over the limit, which is quite normal on the majority of roads, and a car pulls out in front of me, it's not my fault. Doesn't matter that I was speeding. No one will question it if a car blows a stop sign and I t-bone it right? The other car was at fault.

What if the car pulls out of a side street, right in front of me. Bam! came outta nowhere! Not my fault. Shouldn't matter if I was speeding. The other driver has to wait for the way to be clear.

Same goes with someone making a left turn. If I'm going 75km/h in a 60km/h and someone makes a left turn into my path by law the other driver should be at fault for the collision. At most I should get a speeding ticket. But I had the right of way before it was blocked by the other vehicle.

It's easier when it's 2 cars. Problem is when it's a bike is involved there's some prejudice.

Here is a video of an accident I got into 2 years ago:
[video=youtube;jOyhf31u200]https://www.youtube.com/watch?v=jOyhf31u200[/video]

Based on damages to the cars, and the account of my story, the police officer said it was 100% completely her fault.
I said, I have the video if you want to see it.
He watched it. He said thats how he envisioned it happening, asked me to play it again to show his buddies.
Note my speed in the top left corner.
One of his buddies asked me to play it again to see if I was ever going over the speed limit. (I checked before taking it to the reporting centre, I wasn't)

I could easily see the police giving me a ticket if I was going 10km/h over the limit, and the insurance company assigning me 25%-50% fault.

Thank goodness that didn't happen.

 

[Blackfin]

The issue of legal fault is academic at this point. Even if the police ascribe 100% of "fault" to the cager there can't be any question that the rider is in hospital, suffering serious injuries and no doubt great discomfort due in some part to the speed he carried into that situation.

Energy increases as the square of the speed; if he was indeed going 90kph (25m/s) his body hit the CR-V with 3.2x the energy than if he had hit it at 50kph (13.9m/s). In addition, had he been going slower he'dve had more reaction time, may have been able to avoid the cager or even brake to a stop.

I'm not trying to let the cager off the hook. Rather, I'm saying the degree of injury the rider suffered likely increased due to his speed and that his speed also took away valuable stop/escape options he might have otherwise had. That fault is on him. Period.

 

[Mayoo]

SMIDSY!!! SMIDSY!!!!! SMIDSY!!! SMIDSY!!!!! SMIDSY!!! SMIDSY!!!!! SMIDSY!!! SMIDSY!!!!! SMIDSY!!! SMIDSY!!!!! SMIDSY!!! SMIDSY!!!!! SMIDSY!!! SMIDSY!!!!! SMIDSY!!! SMIDSY!!!!! SMIDSY!!! SMIDSY!!!!!

[video=youtube;eqQBubilSXU]https://www.youtube.com/watch?v=eqQBubilSXU[/video]

 

[slowbird]

I could easily see the police giving me a ticket if I was going 10km/h over the limit, and the insurance company assigning me 25%-50% fault.

Thank goodness that didn't happen.

Just an FYI, the insurance companies can assign you fault regardless of what the Police say or do.

 

[kiwi]

with the people driving on by like nothing happened and the first guy running to check on the CRV driver, I think the blonde lady should receive a medal.

****ers.

So many pricks don't want to "get involved" .

 

[kiwi]

Here is a video of an accident I got into 2 years ago:
[video=youtube;jOyhf31u200]https://www.youtube.com/watch?v=jOyhf31u200[/video]

Based on damages to the cars, and the account of my story, the police officer said it was 100% completely her fault.
I said, I have the video if you want to see it.
He watched it. He said thats how he envisioned it happening, asked me to play it again to show his buddies.
Note my speed in the top left corner.
One of his buddies asked me to play it again to see if I was ever going over the speed limit. (I checked before taking it to the reporting centre, I wasn't)

I could easily see the police giving me a ticket if I was going 10km/h over the limit, and the insurance company assigning me 25%-50% fault.

Thank goodness that didn't happen.

Usually the GPS /speed reading cannot be used in court. Cops would need to prove that it was accurate and tested etc. Same reason that having your speed in a video to Defend yourself from a ticket usually wont be taken into account in court. I'm sure heddo or other people with knowledge on this can comment further.

IMO, Dashcams with speed readout are not really useful.